Artificial Intelligence Tools Terms of Use

To the extent that Client and its End Users choose to utilize artificial intelligence content generation tools (“AI Features”) provided by Wisetail, the following terms apply to such use:

1. Third Party Services & Acceptable Use. The availability of the AI Features depends on the availability of third party services of Colossyan Inc. and OpenAI LLC (“Third Party Services”). Neither Wisetail nor these Third Party Services will use Customer data to train their AI models. Client and End Users shall use the AI Features only in accordance with the Agreement, AI use terms and the policies of Third-Party Services, including https://www.colossyan.com/acceptable-use/ and https://openai.com/policies/usage-policies and https://openai.com/policies/sharing-publication-policy.

2. Input and Output.

2.1 The AI Features may enable Users to submit certain input to be processed by the AI Features (“Input”) and to receive output generated and returned by the AI Features based on the Input (“Output”). Ownership of and responsibility for all Input and Output belongs to Client, excluding the Wisetail LMS and any Wisetail products, materials, and custom content or third party material incorporated therein. Client represents and warrants that it has all rights, consents and licenses necessary to its Input, including but not limited to IP rights, likenesses, recordings, privacy and data protection rights. Client agrees to indemnify, defend and hold harmless Wisetail and Third Party Providers for any claims arising from Client’s Inputs and Outputs.

2.2. Client is solely responsible for validating the Output before they publish, distribute or rely on it. Client acknowledges that, due to the nature of machine learning and the technology powering the AI Features, Output may not be unique and the AI Features may generate the same or similar output for other parties. Output that is the same as or similar to output generated for any third party 1) is not owned by Client and 2) shall not constitute a breach of this Agreement. Client is solely responsible for its lawful use of the Output.

3. Suspension and Termination of AI Features. Wisetail may terminate or suspend Client’s or any End User’s access to the AI Features immediately and without liability upon notice to Client and/or End User: (a) if Client or End User materially breaches the Agreement or AI Use Terms; (b) to comply with applicable law or government requests; (c) if Client’s or End User’s use of the AI Features poses a security risk to Wisetail or any third party; (d) if any Third Party Service Provider or Wisetail’s right to make it available ceases or is suspended for any reason; or (e) if Wisetail reasonably suspects that Client’s or End User’s use of the AI Features is fraudulent or could subject Wisetail, its licensors or any third party to liability; provided that Wisetail will use reasonable efforts to restore Client’s or End User’s access as soon as reasonably practicable after the circumstances giving rise to a suspension are resolved. Wisetail will not be liable to Client nor to an End User for any refunds or any damage or loss arising from or in connection with any good faith termination or suspension in accordance with this Agreement. Any such termination or suspension applies only to the AI Features and does not, by itself, give Client a right to terminate the Agreement.

4. Disclaimer. CLIENT ACKNOWLEDGES AND AGREES THAT THE AI FEATURES AND ALL OUTPUT ARE PROVIDED ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WISETAIL EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE AI FEATURES AND OUTPUT. WISETAIL MAKES NO WARRANTY THAT THE AI FEATURES WILL MEET CLIENT’S REQUIREMENTS OR BE UNINTERRUPTED, TIMELY OR ERROR-FREE. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY CLIENT FROM WISETAIL OR THROUGH THE AI FEATURES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CLIENT ACKNOWLEDGES THAT THE AI FEATURES MAY PRODUCE INCORRECT OUTPUT THAT DOES NOT ACCURATELY REFLECT REAL PEOPLE, PLACES, FACTS OR LAWS AND CLIENT SHALL USE HUMAN REVIEW TO IDENTIFY AND CORRECT ANY ERRORS IN THE OUTPUT BEFORE USING THE OUTPUT FOR ANY PURPOSE.

(v.1 rev. October 12, 2026)